14.11.2026 10:00
The working conditions of contracted personnel employed in the public sector under 4/B status have changed. With the Presidential Decision published in the Official Gazette, new rules were introduced regarding disciplinary penalties, sick leave and companion leave, salary deductions, and intra-institutional transfers. The regulation also drew attention to the possibility of terminating the contracts of personnel who do not start duty within the specified periods and, in some cases, reclaiming salaries paid in advance.
Significant changes have been made to the working conditions of contracted personnel employed in the public sector under 4/B status. With the Presidential Decision published in the Official Gazette, new rules entered into force in many areas, from disciplinary penalties to sick and accompaniment leave, from time limits for starting duty to intra-institutional relocations. With the regulation, the principles regarding termination of the contract, salary deductions, suspension from duty, and transition to civil servant cadre were also redefined.
With the latest Presidential Decision published in the Official Gazette, a comprehensive regulation concerning contracted personnel working in the public sector within the scope of Article 4/B of Law No. 657 on State Civil Servants was put into effect. With the new decision, the provisions regarding disciplinary proceedings, sick and accompaniment leave, time limits for starting duty, intra-institutional relocations, and wage payments of contracted personnel were updated.
Within the scope of the regulation, it was decided that the provisions applied to state civil servants shall be taken as basis in disciplinary processes of contracted personnel, while the circumstances under which the contract may be terminated were also reorganized.
A NEW ERA IN DISCIPLINARY PENALTIES FOR CONTRACTED PERSONNEL
With the amendment, in cases of acts and behaviors contrary to discipline by contracted personnel under 4/B status, the disciplinary provisions applied to state civil servants shall apply by analogy.
Accordingly, in determining disciplinary penalties, in identifying the authorities authorized to impose penalties, and in the functioning of disciplinary boards, the provisions concerning state civil servants shall be taken as basis.
Thus, the way has been opened for applying the rules set for state civil servants under Law No. 657 on State Civil Servants in the disciplinary processes of contracted personnel.
NEW CALCULATION IN SALARY DEDUCTION PENALTY
In the new regulation, the principles regarding the calculation of salary deduction penalties that may be applied to contracted personnel were also determined.
Accordingly, the salary deduction penalty shall be calculated over the total of payments made depending on the position held by the personnel.
The deduction rate to be applied may vary between 1/30 and 1/8 of the payments in question. Deductions to be made according to the nature of the disciplinary penalty shall be carried out in line with the principles specified in the new regulation.
IN WHICH CASES MAY THE CONTRACT BE TERMINATED?
With the Presidential Decision, the provisions regarding termination of the duty of contracted personnel were also expanded.
In acts requiring suspension of advancement and heavier disciplinary penalties, a disciplinary board decision shall be obtained. After the relevant processes are completed, the contract of the personnel may be terminated with the approval of the authority authorized to appoint.
Thus, the decision mechanisms regarding termination of the duty of contracted personnel as a result of disciplinary proceedings have been regulated more clearly.
SICK AND ACCOMPANIMENT LEAVE REORGANIZED
With the new regulation, changes were also made to the rules regarding sick and accompaniment leave of contracted personnel.
Accordingly, the relevant provisions in Article 105 of Law No. 657 on State Civil Servants shall also apply to contracted personnel.
In leave used due to illness, the temporary incapacity allowance paid by the Social Security Institution shall be deducted from the personnel’s wage.
With this change, the rules set for state civil servants shall be taken as basis in sick and accompaniment leave processes of contracted personnel.
IF PERSONNEL WHOSE SICK LEAVE ENDS DO NOT START DUTY.
One of the notable articles of the regulation concerns the conditions for returning to duty after the sick leave period expires.
Accordingly, if contracted personnel do not start duty despite completing the maximum sick leave period they may use, this may lead to termination of their contract.
This provision is particularly important in terms of the working conditions of contracted personnel who remain away from duty for a long time due to health problems.
In this context, personnel will need to follow their sick leave periods and conditions for returning to duty in accordance with the relevant legislation.
TIME LIMIT INTRODUCED FOR STARTING DUTY
With the Presidential Decision, new principles were also determined for the time limits for contracted personnel to start duty.
Accordingly, contracted personnel who will start duty in the same place shall be required to start duty within the working day following the notification made to them.
For contracted personnel assigned to another place, a different period shall apply. Employees within this scope shall be obliged to start their duties within the working day following 15 days from the date of notification.
Except for compelling reasons that can be proven by document, failure to comply with the specified periods may lead to termination of the contract.
3-YEAR DETAIL IN INTRA-INSTITUTIONAL RELOCATION
The rules to be applied in intra-institutional relocation processes of contracted personnel were also reorganized.
Special procedures and principles shall apply to relocations carried out by personnel working under 4/B status until they complete three years of work in the same institution from the date they start work.
With this regulation, practices regarding the conditions under which intra-institutional relocations may be made were reconsidered.
Relocation requests of contracted personnel shall be evaluated within the scope of the specified periods and relevant legislation provisions.
CIVIL SERVANT PROVISIONS SHALL APPLY IN SUSPENSION FROM DUTY PROCESSES
Within the scope of the new decision, changes were also made to the principles regarding suspension from duty of contracted personnel.
Accordingly, in suspension from duty processes, the provisions for state civil servants shall apply by analogy.
With this change, in processes regarding suspension from duty of contracted personnel, the legal framework set for state civil servants shall be taken as basis.
POSITIONS OF THOSE TRANSFERRED TO CIVIL SERVANT CADRE SHALL BE CANCELLED
The regulation also contains new provisions regarding positions left behind by personnel transferred from contracted status to civil servant cadre.
Accordingly, if contracted personnel are appointed to civil servant cadre, the vacated contracted personnel position shall be deemed cancelled without requiring any other action.
The cancelled positions shall be reported to the relevant public personnel information system.
Thus, the processes regarding the status of positions vacated after the transition of contracted personnel to civil servant cadre shall have been reorganized.
NEW RULES IN TRAINING AND INTERNSHIP PROCESSES
The vocational training processes of contracted personnel were also included in the scope of the new regulation.
According to the decision, basic training, preparatory training, and internship activities of contracted personnel shall be carried out by the public institutions where they work.
In addition, through in-service training practices, it shall be aimed to develop the professional knowledge and skills of contracted personnel.
In this context, public institutions will continue their training activities in line with the needs of the personnel regarding their duties.
NEW PROVISIONS ON SALARY PAYMENTS
With the regulation, the rules regarding wage payments to contracted personnel were also updated.
The practice of paying contracted personnel's wages in advance at the beginning of the month will continue. However, wage amounts corresponding to days not worked will be recovered from personnel who leave their duties before the month is completed.
Thus, contracted personnel who leave their duties during the month will be refunded the wages they received in advance for the days they did not work.
THERE ARE 3 EXCEPTIONS IN SALARY REFUNDS
The new regulation also includes some exceptions regarding the recovery of wages corresponding to days not worked.
Accordingly, those appointed to civil servant positions, those granted a monthly pension, and personnel who die will be exempt from the practice of recovering wages for the remaining days.
Apart from these three situations, the wages corresponding to the days not worked by contracted personnel who leave their duties before the month is completed will be recovered in accordance with the principles specified in the new regulation.
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